CALIFORNIA:THIS IS A LITTLE CONFUSING...
PARTIES INVOLVED:
1. FEMALE TREATING DENTIST
2. TREATING DENTIST'S FATHER (WHO IS A DENTIST AND OWNS THE BUILDING BOTH HE AND HIS DAUGHTER HAVE OFFICES THEY PRACTICE IN...HOWEVER THEIR DENTAL PRACTICES ARE SEPARATE ENTITIES.)
3. PATIENT OF THE FEMALE TREATING DENTIST
4. PATIENT'S FATHER (WHO IS A PATIENT OF THE FEMALE TREATING DENTIST'S FATHER)
FEMALE TREATING DENTIST: does 6 crowns for patient. afterward the patient lisps when talking (crowns too big), they look horrible (too big for mouth), and 4 of the 6 crack within a few months. dentist will not do anything.
PATIENT: goes to three other dentists who agree they need redone say she should have redone them for free or returned money. patient keeps hounding dentist to refund money. dentist will not respond. patient calls, writes, etc. hounding her to refund.
DENTIST'S FATHER: found out that the patient's father is one of his patients. dentist's father calls patient's father at home and says he would like to get this problem settled between his daughter the dentist and the patient. apparantly he has been told all about the patient's dental case, etc. (privacy violation). the dentist's father tells the patient's father the following;
1. tell your daughter to go to another dentist and have the crowns redone
2. when they are done, have your daughter send the receipt to me and i will reimburse her for the cost.
3. only one condition...tell your daughter not to say anything to the dentist (his daughter) about it and tell her to stop sending letters, calls etc. to the dentist demanding refund.
PATIENT'S FATHER: tells the dentist's father (his personal dentist) that this is really none of his business since his daughter is 47 years old and it's not right for him to meddle in her treatment, but the father says he will pass the word along to his daughter.
patient's father relays the message in a note dropped off at patient's house and later a phone call. the patient is pissed that the dentist's father is involved and called her father behind her back discussing her case, but is thrilled that finally something is being done to get the crowns redone.
PATIENT; stops all communication with dentist and does as the dentist's father said. goes to another dentist and has the same 6 crowns redone. pays. mails the receipt to the dentist's father along with a letter reiterating that she has done as instructed per the phone call to the father.
DENTIST'S FATHER: writes a letter to patient and says he is not paying anything and denies ever promising to pay to have crowns redone or talking to patient's father.
PATIENT: talks to her father and tells him what happened.
PATIENT'S FATHER: is angry and insists that is exactly what happened, otherwise how would he have even known what was happening (daughter never told him) father says he still has notes he wrote down when the dentist's father called him...stating the terms. he can't believe that the dentist's father would outright lie about it now, but speculates that maybe the dentist (daughter) found out about what he did and got mad and told him not to pay?)
EVIDENCE: testimony of the patient's father, patient's father's telephone notes, and a 2 pages handwritten note the patient's father wrote to the patient (his daughter) and dropped off on her porch right after the call from the dentist's father. (this is dated and was written and left on patient's porch for when she got home)
is this considered a breach of contract?
can the patient file a small claims case against the dentist's father for reneging on promise to pay? small claims limit is $5,000 and the crowns redone cost $6,900.
PARTIES INVOLVED:
1. FEMALE TREATING DENTIST
2. TREATING DENTIST'S FATHER (WHO IS A DENTIST AND OWNS THE BUILDING BOTH HE AND HIS DAUGHTER HAVE OFFICES THEY PRACTICE IN...HOWEVER THEIR DENTAL PRACTICES ARE SEPARATE ENTITIES.)
3. PATIENT OF THE FEMALE TREATING DENTIST
4. PATIENT'S FATHER (WHO IS A PATIENT OF THE FEMALE TREATING DENTIST'S FATHER)
FEMALE TREATING DENTIST: does 6 crowns for patient. afterward the patient lisps when talking (crowns too big), they look horrible (too big for mouth), and 4 of the 6 crack within a few months. dentist will not do anything.
PATIENT: goes to three other dentists who agree they need redone say she should have redone them for free or returned money. patient keeps hounding dentist to refund money. dentist will not respond. patient calls, writes, etc. hounding her to refund.
DENTIST'S FATHER: found out that the patient's father is one of his patients. dentist's father calls patient's father at home and says he would like to get this problem settled between his daughter the dentist and the patient. apparantly he has been told all about the patient's dental case, etc. (privacy violation). the dentist's father tells the patient's father the following;
1. tell your daughter to go to another dentist and have the crowns redone
2. when they are done, have your daughter send the receipt to me and i will reimburse her for the cost.
3. only one condition...tell your daughter not to say anything to the dentist (his daughter) about it and tell her to stop sending letters, calls etc. to the dentist demanding refund.
PATIENT'S FATHER: tells the dentist's father (his personal dentist) that this is really none of his business since his daughter is 47 years old and it's not right for him to meddle in her treatment, but the father says he will pass the word along to his daughter.
patient's father relays the message in a note dropped off at patient's house and later a phone call. the patient is pissed that the dentist's father is involved and called her father behind her back discussing her case, but is thrilled that finally something is being done to get the crowns redone.
PATIENT; stops all communication with dentist and does as the dentist's father said. goes to another dentist and has the same 6 crowns redone. pays. mails the receipt to the dentist's father along with a letter reiterating that she has done as instructed per the phone call to the father.
DENTIST'S FATHER: writes a letter to patient and says he is not paying anything and denies ever promising to pay to have crowns redone or talking to patient's father.
PATIENT: talks to her father and tells him what happened.
PATIENT'S FATHER: is angry and insists that is exactly what happened, otherwise how would he have even known what was happening (daughter never told him) father says he still has notes he wrote down when the dentist's father called him...stating the terms. he can't believe that the dentist's father would outright lie about it now, but speculates that maybe the dentist (daughter) found out about what he did and got mad and told him not to pay?)
EVIDENCE: testimony of the patient's father, patient's father's telephone notes, and a 2 pages handwritten note the patient's father wrote to the patient (his daughter) and dropped off on her porch right after the call from the dentist's father. (this is dated and was written and left on patient's porch for when she got home)
is this considered a breach of contract?
can the patient file a small claims case against the dentist's father for reneging on promise to pay? small claims limit is $5,000 and the crowns redone cost $6,900.